i-Sho.com Website Terms and Conditions
i-Sho Privacy Policy
The i-Sho Software Terms and Conditions of Service
Paid Storage Service Terms
Patent Information
Copyright Information
Trademark Information
Welcome to the i-Sho website which is owned and operated by i-Sho limited (“i-Sho”). You can learn about the i-Sho service which, with the i-Sho software and its easy to use interface, enables you to organise your documents, photos and other files and share them online with your family, friends and colleagues.
These are the Terms and Conditions (‘Terms’) that apply to your use of the i-Sho website. There are separate terms and conditions for use of the i-Sho software and the i-Sho service.
By using our Site, regardless of whether or not you choose to become an i-Sho user, you are agreeing to be bound by these Terms.
COPYRIGHT AND TRADE MARKS
This website is owned and operated by i-Sho and the information and materials appearing on this website ("the Content") are displayed for personal, non-commercial use only. All content included on this website (is the property of i-Sho or its suppliers and is protected by international copyright laws.
You may make one copy of extracts from this web site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of the content may be downloaded, copied, republished, posted, transmitted, stored, sold, distributed or modified without the prior written permission of i-Sho or the copyright holder.
LINKS TO THIRD PARTY WEB SITES
This website includes links to third party Internet web sites that are controlled and maintained by others.i-Sho does not review these third party websites nor has any control and is not responsible for these websites or their content or availability. i-Sho does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of those third party websites, you do so entirely at your own risk.
Any product or service that you may buy from any of the suppliers that operate from such site will be the subject of a contract between you and such supplier on the terms and conditions offered by such supplier. You should read their terms and conditions carefully before deciding to buy. We are not a party to, or in any way responsible for any transaction concerning goods and services available from such third party websites.
LIABILITY DISCLAIMER
This website is provided by i-Sho in good faith but i-Sho does not make any representations or warranties of any kind, express or implied, in relation to all or any part of this web site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
There is no guarantee that this web site will be free of infection by viruses or anything else that may be harmful or destructive. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through this web site are free from such contaminations or other harmful components.
To the extent permitted by law, i-Sho hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, this web site and/or any website to which this web site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
CHANGES TO THESE TERMS AND CONDITIONS
i-Sho reserves the right to add to or change these terms and conditions of use and agrees to ensure that a note of the date and clause number of any such amendments will be included as part of the conditions. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access this web site after that time.
PRIVACY POLICY
All information received by us from your use of this web site will be used by i-Sho in accordance with our Privacy Policy.
GENERAL INFORMATION
These Conditions of Use shall be governed by the laws ofEnglandand any dispute between us will be resolved exclusively in the courts ofEngland.
If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
This website is operated by:
i-Sho Limited
registered in England no. 05089515
If you have any questions about this web site or our terms of use, please contact us.
Who are we?
i-sho Limited (“i-sho”) is the owner of the i-sho software and the provider of the i-sho service.
In this Privacy Policy, when we refer to 'we' or 'our' we are referring to i-sho. When we refer to a ‘User’, we are referring to someone to whom i-sho has issued a User account for the i-sho software.
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This Privacy Policy covers the way we handle personal information collected from users of the i-sho software and the i-sho service as well as the limited, anonymised information we collect from visitors to the i-sho website.
Why do we have a Privacy Policy?
We have developed this Privacy Policy because we want you to feel confident about the privacy and security of your personal information. I-sho is registered under the English Data Protection Act and takes all reasonable care to prevent any unauthorised access to your personal information.
When we refer to 'personal information' in this Privacy Policy, we mean information which identifies you as an individual, or is capable of doing so.
Please read this Privacy Policy carefully. If you are visiting our web site or using the i-sho service, by continuing to do so, you indicate your agreement to our use of your personal information as set out in this Privacy Policy.
What does this Privacy Policy cover?
This Privacy Policy only applies to the i-sho service and to our website.
What personal information do we collect about you, and when do we collect it?
When you register as a User, we will ask you for information such as a user name, e-mail address, postcode (or the equivalent) and country of residence. You will also have the option to provide additional information on registration, such as your first or last name and the name of the person who invited you to join the i-sho service.
What do we use your personal information for?
When you register as a User, we may use your personal information to:
- confirm your registration and that your Account has been opened
- communicate with you about your access to, or use of, the i-sho service
- use your feedback about the i-sho software or the i-sho service (e.g. by quoting on the i-sho website) on an anonymous basis or, with your express consent, on an attributed basis
- enable other Users to search for you by fullname, i-sho username or e-mail address and to communicate with you
- collect payment from you if we introduce any paid-for services in the future to which you decide to subscribe
- let you know by e-mail about any changes to the i-sho service or to our website.
- prevent and detect criminal activity, fraud and misuse of or damage to the i-sho service and to prosecute those responsible.
What other information do we collect?
Via the i-sho service We have information about your access to and use of the i-sho service, such as how often you have accessed different Hub Channels and which Hub Channels you have accessed.
We use this information to manage the i-sho service. We may also aggregate this information in an anonymised form in a way that ensures that neither you nor any other User can be identified. This anonymised information helps us to assess which parts of the i-sho service are popular or need improving.
We may share this aggregated, anonymous data with our Commercial Partners which offer their goods or services via a commercial Channel.
Via the i–sho website As with most (if not all) web site operators, we also collect information in an anonymous form from visitors to the i-sho website. This information tells us, for instance, how many visitors there were to the i-sho website, when they visited, for how long and when they left. This information helps us to assess which parts of the i-sho website are popular or need improving. We do not use this information to identify you individually.
Do we share your personal information with anyone else?
Apart from the use and sharing of your personal information in the limited circumstances already described, the only ways we may share your information are (i) when required to do so by law, for example under a Court Order, or in response to properly made demands under powers contained in legislation or (ii)if there is a change (or prospective change) in the ownership ofi-sho limited or any of its assets, we may have to disclose personal information to the new (or prospective) owner.If we do so, we will require them to keep it confidential.
For how long do we keep personal information?
The time period for which we keep information varies according to what the information is used for. In some cases there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.
How do we protect your data when it is transferred out ofEurope?
Countries in the European Economic Area are required to have a similar standard of protection of personal data. This is not always the case outside that area. We do sometimes transfer data outside that area but before doing so we take steps to ensure that there is adequate protection, as required by English data protection laws.
How can you find out what personal information we hold about you?
If you want to know what personal information we hold about you, please write to the following address, enclosing a cheque for the administration fee of £10 made payable to i-sho limited:
Data Subject Access Manager,1 London Wall, London, EC2Y 5AB.
If you want specific information, please tell us, because this will speed up our reply. Please also give us any relevant details to help us find the information you're looking for. Please also note that in some instances, we may be able to provide the information you want without you having to make a formal request as described above.
How can you change the personal information we hold about you?
If the information we hold about you is inaccurate, please let us know by e-mailing us at privacy@i-sho.com and we will make the necessary amendments and confirm that these have been made.
How do we protect your personal information?
We're serious about guarding the security of your personal information. We take appropriate organisational and technical security measures to protect your data against unauthorised disclosure or processing. We use a secure server to store the information you give us when you register or order (including your credit card details and your password). Any personal data you send us is securely encrypted.
Over and above what we do to safeguard your privacy and security, there are a number of things you can do to protect yourself from internet fraud:
choose a password you can remember but others will not guess, change it regularly and, if you do write it down, keep it somewhere safe and secure
when you have finished your session on the i-sho service, make sure you prevent your details being seen by anyone that you do not wish to see them. So, if you've registered and logged in, remember to log off.
When do we use cookies?
A 'cookie' is a text file which is allocated by our server to your PC. The text file contains a random number which, unless the cookie is deleted, allows your PC to be identified if you visit the i-sho website again.
We use information from cookies for purposes which may include:
identifying returning users, enabling you to move more easily around our site
tracking your use of the i-sho website to better develop our site in accordance with visitors’ requirements and building up a demographic profile
You can delete cookies from your hard drive at any time. You can set your internet browser so that it will not allow cookies to be stored on your computer. This may reduce functionality of the site and may mean that certain features or content will not be available to you. Further information on how to prevent cookies from being stored on your computer can be found on http://www.allaboutcookies.org under the 'manage cookies' section. Alternatively go to the help menu within your internet browser.
Are third party sites covered by this Policy?
Third party internet sites that you can link to from the i-sho service or from the i-sho website are not covered by our Privacy Policy, so we urge you to be careful when you enter any personal information online. We accept no responsibility or liability for these sites.
What about any personal information that you collect and store in a Channel?
i-sho has no control over the content which Users publish and make available to other Users in Hub Channels. It is the responsibility of each User to make sure that he or she complies withUKdata protection laws in respect of any personal information which he or she collects, stores or uses. For more information, please visit the Information Commissioner’s website at http://www.ico.gov.uk/eventual.aspx?id=34
How do you find out about changes to our Privacy Policy?
We may change our Privacy Policy from time to time to reflect any changes to our privacy practices, in accordance with changes to legislation or with best practice. Any changes will be posted to the i-sho website and it is your responsibility to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access use the i-sho service after that time.
i-sho Limited
Number 1
LondonWall,
London,EC2Y 5AB
registered in England no. 05089515
VAT No: 864 1882 96
[//] March 2006.
TERMS AND CONDITIONS FOR YOUR PERSONAL USE OF THE I-SHO SOFTWARE (BETA 1 VERSION) AND I-SHO SERVICE
Welcome to the i-Sho service.
With the i-Sho software and its easy to use interface, you can organise your documents, photos and other files and share them online with your family, friends and colleagues.
The i-Sho service is aimed at individuals who want to use it for personal, non-commercial use.
The beta1 version of the i-Sho software is provided to you on an ‘as is’ basis. Accordingly, i-Sho can’t guarantee to provide regular maintenance, technical support or updates for the beta 1 version to you nor does it warrant that the beta 1 version of the i-Sho software is free from faults, errors or bugs.
We’ve tried to keep the terms of our legal agreement as short as possible but, inevitably, there is quite a lot to cover. Please take the trouble to read them.
1. part 1: introduction
Acceptance
1.1. By clicking on the “ACCEPT” button during the installation process of the i-Sho software, you agree to enter into an agreement with i-Sho Limited (“i-Sho”) to use the i-Sho software and the i-Sho service in accordance with the terms and conditions set out below, as modified from time to time (“the/this Agreement”).
1.2. This Agreement will start on the day on which you click to “ACCEPT” (“Start Date”) and will continue unless and until terminated in accordance with section 7 below.
Children
1.3. Although the i-Sho software and the i-Sho service can be used by children, if you are under 18 you must get one of your parents to read this Agreement and to “ACCEPT” this Agreement. By doing so, you and your parent will be treated jointly as the User of the i-Sho service and your parent agrees to be bound by the terms of this Agreement.
1.4. To make this Agreement clear and unambiguous, we have defined particular key phrases (e.g. “the i-Sho service”). These can be found in Part 8 of these Terms. Pleaseclick hereto read them. In addition, “you” or “You” means a User and “we” or “We” means i-Sho limited.
Changes to this Agreement
1.5. i-Sho reserves the right to change any of the terms and conditions of this Agreement at any time by sending you an e-mail with the modified Terms of Service or by posting a copy of them on the i-Sho website. The modifications to the Agreement will take effect seven (7) days after the date of our e-mail or the date on which we post the modified terms of service on the i-Sho website, whichever is the earlier. Your continued use of the i-Sho service after that period expires will constitute your agreement to be bound by the terms and conditions of the modified Agreement.
1.6. If You do not wish to accept them, You are entitled to terminate this Agreement in writing or by e-mail to termination@i-Sho.com
Jurisdiction restrictions
1.7. If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age, and You are under such a jurisdiction and under such an age limit, You may not enter into this Agreement or use the i-Sho service.
1.8. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction that Your use of the i-Sho service is allowed.
2. part 2: use of the i-Sho software
Scope of your rights to use the i-Sho software
2.1. Upon registration, i-Sho hereby grants You free of charge a non-exclusive license to download, install and use the i-Sho software for the sole non-commercial purposes of using it on one or more computers or other electronic devices and to access and use the i-Sho service through a single Account in accordance with this Agreement.
2.2. The licence granted to You is personal and may not be transferred or sub-licensed to anyone else. You may use i-Sho software at work in accordance with the provisions of this Agreement. All other commercial use of i-Sho software is not permitted without a separate commercial agreement with i-Sho. Third party software
2.3. You acknowledge that you may need to download certain third party software in order to install or use the i-Sho software (e.g. Microsoft XP.net application). This software will be clearly identified on the i-Sho website.
2.4. Any such third party software or technology will be subject to you explicitly accepting a license agreement with that third party. You also acknowledge that we have no responsibility or control over such third party software.
Restrictions on your use of the i-Sho software
2.5. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the i-Sho software.
2.6. You may not reverse engineer, decompile, or disassemble the i-Sho software or otherwise attempt to derive its source code, except and only to the extent that any of these activities is permitted by applicable law despite this restriction. Releases
2.7. i-Sho has the right (but not the obligation) to issue Releases from time to time. Details of a new Release will be published on the i-Sho website.
2.8. Subject to sections 2.10 and 2.11, You do not have to install a Release. However, if you choose not to do so, you acknowledge that your ability to continue to use the i-Sho software or the i-Sho service may be adversely affected or wholly prevented.
2.9. i-Sho reserves the right to incorporate technical protection measures or other digital rights management features in any Release of the i-Sho software. Details of the effects of any such measures or features known at the time of the Release will be published on the i-Sho website.
2.10.i-Sho reserves the right to designate a particular Release as mandatory. i-Sho will do this by posting a notice to that effect on the i-Sho website.
2.11.If you choose not to install the new Release, i-Sho reserves the right to suspend your Account or to terminate this Agreement.
2.12.i-Sho will not accept any liability in relation to any direct or indirect damages caused by the Release and/or the absence of a Release of new versions of the i-Sho software.
Payment
2.13.This Agreement applies to downloading, installing and using the i-Sho software free of charge. I-Sho reserves the right to charge for future Releases of the i-Sho software.
2.14.The use of any paid services which may be offered by i-Sho is subject to your acceptance of the additional Terms of Service that may be published on the i-Sho website and offered to you from time to time.
3. part 3: the i-Sho service
i-Sho service
3.1. The i-Sho free service comprises:-
3.1.1. The provision of online storage free up to such usage and storage limits as i-Sho may offer from time to time as specified on the i-Sho website.
3.1.2. The sharing of Content online with other Users; and
3.1.3. such other free services, if any, as i-Sho may decide to offer from time to time.
3.2. i-Sho may offer paid-for services in the future. These may include:-
3.2.1. The provision of additional, paid-for online storage of such amounts and for such price as may be specified from time to time on the i-Sho website; or
3.2.2. access to Content published or made available by Commercial Partners or by other third parties with whom i-Sho enters into arrangements from time to time.
3.3. All such paid-for services will be subject to additional terms and conditions and you will be free to decide whether to subscribe to all or any of such services.
3.4. The i-Sho service will become available to you after you have downloaded the i-Sho software, accepted this Agreement and we have created and issued you with an Account.
User Name, Password and Account
3.5. In order to make use of the i-Sho service, i-Sho will grant You a User Name, Password and one Account.
3.6. You are responsible for keeping Your User Name and Password confidential.
3.7. i-Sho reserves the right to change Your User Name or Password if this is in the interest of the functioning of the i-Sho service or to prevent fraudulent use of the i-Sho service. In such event, we will give you advance notice by e-mail.
E-mail address
3.8. To enable us to communicate with you, you will provide us with an e-mail address when you create your Account. You can change your e-mail address by sending us an e-mail to registration@i-Sho.com. It is a condition of your use of the i-Sho service that you maintain an active e-mail address throughout the term of this Agreement.Change of features of the i-Sho software or the i-Sho service
3.9. i-Sho may change any of the features of the i-Sho software or the i-Sho service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to You.Access to the i-Sho service
3.10.The i-Sho service is intended solely for broadband use. Use with a dial-up connection is not recommended.
3.11.i-Sho may temporarily suspend or interrupt the i-Sho service from time to time without notice in order to repair, improve or upgrade of the i-Sho service.
3.12.You agree to immediately notify i-Sho in writing of any unauthorised and/or fraudulent use of Your User Name, Password or Account You agree to indemnify i-Sho against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User Name, Password or Account. i-Sho will not be liable for any damages resulting from the unauthorised and/or fraudulent use of Your User Name and/or Password and the unauthorised use of Your Account.
Data traffic limits
3.13.i-Sho reserves the right to set limits from time to time on the volume of data which each User can upload to, and/or download from, the i-Sho service. Any such limits will be published on the i-Sho website, together with details of the options available to a User who wishes to exceed them. Storage of Content
3.14.Each User is entitled to a certain amount of free storage of Content on the i-Sho server up to the limits specified by i-Sho from time to time on the i-Sho website. I-Sho reserves the right to reduce, increase or eliminate the amount of free storage allowed to Users by posting a notice to that effect on the i-Sho website.Back-up of Content3.15.Users must make their own arrangements to back up their Content. I-Sho accepts no responsibility for any losses suffered by the User as a result of any loss or corruption of their Content.
4. part 4: limited warranties
i-Sho software
4.1. i-Sho warrants that it is entitled to grant the User the right to use the i-Sho software in accordance with this Agreement.
i-Sho service
4.2. i-Sho warrants that it is entitled to grant the User the right to use the i-Sho service in accordance with this Agreement.
Disclaimers
4.3. i-Sho does not warrant that the i-Sho software will meet any specific User requirements; that the i-Sho software will operate in combination with other hardware, software, systems or data not provided by i-Sho (except as expressly specified in writing by i-Sho); that the operation of the i-Sho software will be uninterrupted or error-free nor that all i-Sho software errors will be corrected.
4.4. THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUALITY OF SERVICE.
4.5. THESE WARRANTIES ARE ALSO SUBJECT TO THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AS SET OUT IN PART 7.
5. part 5: content & intellectual property
Rights to use Content
5.1. By publishing or making available any Content to a Hub Channel, you agree to grant a worldwide, royalty-free, non-exclusive licence to i-Sho to the extent necessary to operate the i-Sho service or to comply with any legal requirement.
Restrictions in use of Content
5.2. In order to maintain the quality and integrity of the i-Sho service, you agree to comply with the following code of conduct:-
5.2.1. not to use the i-Sho service for any illegal purpose;
5.2.2. not to harm minors in any way;
5.2.3. not topublish or make Content available which is unlawful, defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionableor embarrassing to any other person;
5.2.4. not to modify, remove any rights management information or otherwise interfere with any other User’s Content or the Content of any Commercial Partner;
5.2.5. not topublish or make available any Content or initiate communications that infringesthe Intellectual Property Rights or any other rights of others;
5.2.6. not to harvest or otherwise collect or use information about other Users without their explicit consent;
5.2.7. not to impersonate any individual nor falsely state or otherwise misrepresent your affiliation with a person or entity nor to “stalk” or otherwise harass another;
5.2.8. not topublish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5.2.9. not topublish or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.2.10. not to intentionally make available spoofed files or files with information designed to misidentify the actual content of any file nor to forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other Users;
5.2.11. not to interfere with or disrupt the i-Sho service or i-Sho server or networks connected to the i-Sho service or disobey any requirements, procedures, policies or regulations of networks connected to the i-Sho service; and
5.2.12. not to engage in any other conduct that restricts or inhibits any other User from using or enjoying the i-Sho service, or which, in i-Sho’s judgment, exposes us to any liability or detriment of any type.
Lawful Use of Content
5.3. When You publish or make available any Content via a Hub Channel:-
5.3.1. You agree that the User to whom you permit access to that Hub Channel can view, download, store and use your Content for private, non-commercial use.
5.3.2. You warrant that you have secured all rights in the Content necessary to grant the permission contained in section 5.3.1 without You having any obligation to pay any royalties, compulsory licence fees, residuals or any other payments.
5.3.3. You warrant that use of the Content within the i-Sho service will not infringe the Intellectual Property Rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
5.4. You agree that you will only use Content which has been published and made available to you by another User in their Hub Channel for private, non-commercial use within the i-Sho service. If you want to make any other use of such Content, you must contact that other User for permission.Disclaimer by i-Sho in respect of Content
5.5. i-Sho is not responsible for any errors or inaccuracies in the Content which is published or made available on the i-Sho service whether caused by Users, Commercial Partners, other third parties or by any of the equipment or programming associated with or used in the i-Sho service. i-Sho is not responsible for the conduct, whether online or offline, of any Users or Commercial Partners.
5.6. You acknowledge that Content includes links to third party sites.
5.7. i-Sho does not review these third party websites nor has any control and is not responsible for these websites or their content or availability.
5.8. i-Sho does not therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
5.9. If You decide to access any of the third party websites linked to Content, you do so entirely at your own risk.
Monitoring
5.10.We do not monitor Content which is published by i-Sho users or shared on Hub Channels.
5.11.However,i-Sho reserves the right (but we are not obliged) to do any or all of the following:-
5.11.1. investigate a claim that any Content does not conform to the terms of sections 5.2, 5.3 or 5.4 and determine in our sole discretion to remove or request the removal of the Content;
5.11.2. remove without notice Content which i-Sho considers is abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement;
5.12.You are solely responsible for your interactions with other Users. i-Sho reserves the right, but has no obligation, to monitor disputes between you and other Users.
5.13.You agree to indemnify, defend and hold harmless i-Sho, its directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss i-Sho may incur (including reasonable legal fees) as a result of any Content or other material that you publish or make available, any actions you take which disrupt access to and/or functioning of the i-Sho service which breach any of your obligations under this Agreement.
5.14.All Intellectual Property Rights regarding the i-Sho software and the i-Sho service shall be and shall remain the sole property of i-Sho.
Intellectual Property Rights
5.15.The provision of the i-Sho service does not imply any transfer of Intellectual Property Rights.
5.16.You shall only obtain a non-exclusive and non-transferable right for the use of the i-Sho service.
6. part 6: privacy and confidentiality
6.1. i-Sho is committed to respecting Your privacy and the confidentiality of Your personal and traffic data.
6.2. The Privacy Policy, published on i-Sho’s website at: www.i-Sho.com/privacy explains what data we collect and how we use it. Please read our Privacy Policy.
7. part 7: general terms and conditions
Exclusions and limitations of liability
7.1. Subject to section 7.4, the warranties contained in section 4 are in place of all warranties or conditions implied by law.
7.2. In addition to the other exclusions and disclaimers set out in this Agreement, i-Sho also excludes all liability arising under any express (and, if any, implied) term or condition of this Agreement for any failure or inability of the User to access or use the i-Sho software or the i-Sho service which result from any failure of, or interruption to, the User’s computer systems or equipment or in the electronic communications service used by Users to access the Service or in the electronic communications used by i-Sho to connect the i-Sho server to the Internet.
7.3. i-Sho shall be not be liable to the User for any loss of business, bargain or profit or any other indirect, economic or consequential loss in consequence of any breach of this Agreement.
7.4. Nothing in this Agreement shall operate to exclude or limit i-Sho’s liability for death or personal injury caused by its negligence.
7.5. Subject to section 7.4, the maximum liability of i-Sho to the User for any and all claims arising under or in connection with this Agreement shall not exceed an amount equal to 150% of the charges (if any) paid by the User to i-Sho under this Agreement at the time when such claim is first notified in writing to i-Sho.
Termination
7.6. You may terminate this Agreement at any time by sending an e-mail to i-Sho at the e-mail address set out in section 7.17 below. Similarly, We may terminate this Agreement at any time by sending an e-mail to i-Sho at your e-mail address as referred to in section 3.8 above. If either us terminate in this way, termination will take effect 48 hours after the date on which the e-mail is sent.
7.7. i-Sho may terminate this Agreement immediately by sending You an e-mail:-
7.7.1. if you are in breach of provisions of sections 5.2 and 5.3 and of 5.4 (regarding our code of conduct and lawful use of Content respectively);
7.7.2. if you are in breach of any other of the provisions of this Agreement and, in the case of a breach capable of remedy, you have not remedied the breach within seven days of written notice specifying the breach and requiring its remedy.
7.7.3. in the circumstances mentioned in section 2.11;
7.7.4. if i-Sho ceases to provide the i-Sho service; or
7.7.5. if any order is made or resolution passed for the winding up of i-Sho or if it has a receiver appointed over the whole or any partits assets.
Termination and effect of Termination
7.8. In the event of termination of this Agreement:-
7.8.1. Your rights to use the i-Sho software and the i-Sho service shall cease and your User Account will be closed;
7.8.2. Your Content will be deleted from the i-Sho central server;
7.8.3. You will promptly uninstall the i-Sho software from all your computers and other devices on which it has been installed.
7.9. Sections 2.5, 5.1, 5.3, 5.13 and Part 7 shall remain in full force and effect.
7.10.Termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any party may have in respect of any breach of this Agreement which existed at or before the date of termination.
Force Majeure
7.11.i-Sho shall not be in breach of this Agreement if and to the extent that it is prevented from performing any of its obligations in this Agreement because of a “force majeure event”. i-Sho shall use good faith efforts to comply as closely as possible with the provisions of this Agreement and to avoid the effects of such event to the extent possible.
Dispute Resolution
7.12.This Agreement shall be governed by English law.
7.13.The English Courts will have exclusive jurisdiction over any disputes arising under this Agreement.
General provisions
7.14.A failure or delay by either party to exercise any right or remedy under this Agreement shall not be construed or operate as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.
7.15.This Agreement represents the entire terms agreed between the parties in relation to its subject matter and supersedes all previous contracts or arrangements of any kind between the parties relating to its subject matter.
7.16. Each of the provisions contained in this Agreement shall be construed as independent of every other such provision, so that if any provision of this Agreement shall be determined by any court or competent authority to be illegal, invalid and/or unenforceable then such determination shall not affect any other provision of this Agreement, all of which other provisions shall remain in full force and effect.
Notices
7.17.All notices which are required under this Agreement shall be sent by e-mail to the User at his or her e-mail address as notified to i-Sho or to i-Sho at notices@i-Sho.com and shall be deemed to be given at the time shown in any delivery receipt received by the sender from its e-mail service provider.
8. part 8: definitions8.1. In this Agreement, the following words and phrases have the following defined meanings. So when you see them in the Agreement, please check here:-
“Account”means each account created by i-Sho for a User with a User Name (identification code) and password which the User creates for use of the i-Sho service.
“Commercial Partners”means Channel Partners and all or any of the organisations with whom i-Sho may establish commercial arrangements as mentioned in section 3.2.
“Content”means any file, document, data or other object which a User is able to view in a Channel.
“Channel”means a time-based view of Content through the i-Sho interface being either (i) a‘PC Channel’which resides on the User’s computer and displays particular Content stored on that computer; (ii) a‘Linked Channel’ which resides on the User’s computer which is similar to a PC Channel but enables a User to link and display a Microsoft Windows™ Folder and Content within it; (iii) a ‘Hub Channel’is a channel which is stored on the i-Sho server so that the Content within that channel can be made accessible to other Users in accordance with the permissions set by the User who owns that channel;
“Channel Partner”means a commercial organisation which has entered into arrangements with i-Sho whereby they can make a commercial Channel available to Users.
“Day”means a working day.
“force majeure event”means a labour dispute, strikes, inability to obtain labour or materials, default of suppliers or subcontractors, network communications failure, fire or other action of the elements, accidents, governmental restrictions or appropriation or other causes beyond i-Sho’s control.
“The i-Sho software”means the software developed by i-Sho which, through the i-Sho interface, displays Content in Channels and is designed for use as (i) an electronic file organiser and (ii) as a tool to enable access and use of the i-Sho service, whose features and functions are described at the i-Sho website; “the i-Sho software” includes all Releases issued from time to time.
“The i-Sho service”means the provision of an online social networking environment accessed through a central hub which enables Users to share Content online by contributing, finding, downloading, and viewing Content in Channels, together with the storage and other features as described on the i-Sho website.
“i-Sho server”or“the Hub”means the server operated by or for i-Sho which enables the sharing of Content between Users.
“i-Sho website”means the website located at http://www.i-Sho.com from which the i-Sho software can be downloaded.
“Intellectual Property Rights”means copyright, database right, patents, design rights, trade marks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction and all applications, and rights to apply for registration of any such rights.
“Release”means in respect of the i-Sho software (i) a maintenance release to fix an error; (ii) an enhancement release to add an improvement or additional functionality or (iii) a major release to introduce significant or wholly new features or functionality.
“User”means an individual who has installed the i-Sho software, registered to use the i-Sho service and to whom i-Sho has issued an Account.
8.2. Words in the singular include the plural and vice versa and words for any gender shall include all genders. Reference to persons includes individuals, bodies, corporate, unincorporated associations and partnerships.
i-Sho Limited
registered in England no. 05089515
Payment
I-Sho offers its Service, as described on the I-Sho website (www.i-Sho.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to I-Sho by authorized credit card. The Fees applicable for the Service are available at www.i-Sho.com and as published within the Service. I-Sho reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Service was initially charged. In the event you cancel the Service, I-Sho will not refund any Fees already paid by you.
Your I-Sho account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. I-Sho may impose a charge to restore archived data from delinquent accounts.
If you believe I-Sho has billed you incorrectly, you must contact I-Sho no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to I-Sho's Customer Support department (support@i-Sho.com).
I-Sho may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by I-Sho thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
Please remember that I-Sho bills you immediately for the extra space you order. You will initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra space after your card has been billed for the month, you will not be reimbursed for the days you did not use the extra space.
Disclaimer of Warranties
i-Sho makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. i-Sho does not represent or warrant that: (i) the use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the service will meet your requirements or expectations, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (iv) errors or defects will be corrected, (v) the service or the server(s) that make the service available are free of viruses or other harmful components. the service and all content is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by i-Sho.
Limitation of Liability
In no event shall i-Sho's aggregate liability exceed the amount actually paid by you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall i-Sho be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to your use or inability to use the service, or for any content obtained from or through the service, even if i-Sho has been previously advised of the possibility of such damages.
United States Patent Aplication
Filed by: i-Sho Limited.
Title: Providing User Acess To Digital Content Data
Filing date 24 March 2006
The i-Sho software, interface and the i-Sho website content and design are the property of i-Sho Limited and protected by United Kingdom, United States and international copyright laws. They may not be reproduced or distributed in whole or in part without the written permission of i-Sho Limited.
i-Sho is a United Kingdom registered trademark number 2387989.
i-Sho, i-Sho.com, ad-Sho and the i-Sho logo are trademarks of i-Sho Limited and may not be used without reference.